LANDERS & BROADBENT
Case
•
[2011] FamCA 838
•5 October 2011
Details
AGLC
Case
Decision Date
LANDERS & BROADBENT [2011] FamCA 838
[2011] FamCA 838
5 October 2011
CaseChat Overview and Summary
In the matter of *Landers & Broadbent*, Benjamin J of the Family Court of Australia considered parenting orders concerning two children, B and C. The dispute involved allegations of physical and verbal violence by the father, leading to the mother's application for sole parental responsibility and orders regarding the children's living arrangements, time spent with the father, and communication. The mother also sought permission to obtain passports for the children for overseas travel.
The court was required to determine the most appropriate parenting orders for the children, specifically addressing issues of parental responsibility, living arrangements, and the extent of the father's time with and communication with the children, in light of the alleged violence. Additionally, the court had to consider the mother's application for the children's passports and her ability to travel overseas with them. The court's determination was guided by the principles enshrined in sections 60B, 60CC, 60CA, and 61DA of the *Family Law Act 1975* (Cth).
Benjamin J ordered that all previous parenting orders be discharged and that the mother have sole parental responsibility for the children. The children were ordered to live with the mother, and the father was to spend no time with them except as provided for in the orders, which required the mother's written consent and satisfaction that the arrangements were safe. The father was also restrained from initiating communication with the children and from communicating with the mother, her husband, and the children in any manner, with specific prohibitions against attending near their residence, schools, or extracurricular activities, and from publishing information about the children online. The mother was permitted to apply for passports for the children and to take them overseas for holidays or school exchange programs without notice to the father. The court also authorised schools and outside school centres to provide information about the children's education and progress to both parents.
The court was required to determine the most appropriate parenting orders for the children, specifically addressing issues of parental responsibility, living arrangements, and the extent of the father's time with and communication with the children, in light of the alleged violence. Additionally, the court had to consider the mother's application for the children's passports and her ability to travel overseas with them. The court's determination was guided by the principles enshrined in sections 60B, 60CC, 60CA, and 61DA of the *Family Law Act 1975* (Cth).
Benjamin J ordered that all previous parenting orders be discharged and that the mother have sole parental responsibility for the children. The children were ordered to live with the mother, and the father was to spend no time with them except as provided for in the orders, which required the mother's written consent and satisfaction that the arrangements were safe. The father was also restrained from initiating communication with the children and from communicating with the mother, her husband, and the children in any manner, with specific prohibitions against attending near their residence, schools, or extracurricular activities, and from publishing information about the children online. The mother was permitted to apply for passports for the children and to take them overseas for holidays or school exchange programs without notice to the father. The court also authorised schools and outside school centres to provide information about the children's education and progress to both parents.
Details
Key Legal Topics
Areas of Law
-
Family Law
Legal Concepts
-
Injunction
-
Procedural Fairness
-
Remedies
Actions
Download as PDF
Download as Word Document
Citations
LANDERS & BROADBENT [2011] FamCA 838
Cases Citing This Decision
0